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Question 15

2024 Bar · Remedial Law · 1 sub-question

15. Rigor, Marites and Lena are best friends. Eventually, Rigor married Marites but they separated due to irreconcilable differences. After five years, Marites visited Rigor in his apartment for possible reconciliation. Marites was surprised to discover that Rigor and Lena were already living together as common law partners. Due to extreme jealousy, Marites physically assaulted Lena who sustained major contusions and trauma. The public prosecutor charged Marites with serious physical injuries. At the trial, the prosecution called Rigor in the witness stand to testify on the incident. Marites invoked the marital disqualification rule which prohibits the spouses from testifying against one another during their marriage. Marites argued that her marriage with Rigor remains valid and existing despite their separation. The prohibition must apply to bring back solidarity and harmony in their marital relationship. Is the marital disqualification rule applicable between Rigor and Marites? Explain.

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